| Citation(s) |
|---|
| 1989 SLG 1467 1989 SLD 1467 1989 PLC 650 |
Lahore High Court
Writ Petition No. 1786 of 1982, decided on 13th February, 1989.
ABDUL SHAKURUL SALAM, CJ AND LEHRASAP KHAN, JUSTICE
Mian Dilawar Mahmood and M.N. Beg for Petitioner. Maqbool Ilahi Malik, Advocate-General, Punjab with Muhammad Rashid Malik for
Respondents Nos. 2 and 3.
Writ Petition No. 1786 of 1982, decided on 13th February, 1989.
ABDUL SHAKURUL SALAM, CJ AND LEHRASAP KHAN, JUSTICE
Mian Dilawar Mahmood and M.N. Beg for Petitioner. Maqbool Ilahi Malik, Advocate-General, Punjab with Muhammad Rashid Malik for
Respondents Nos. 2 and 3.
MUHAMMAD RIAZ MALIK
VS
Syed ASAD ALI SHAHand others
Law:
Section:
(a) Martial Law Order, 1977 [C.M.L.A.'s] ---No. 17--Punjab Civil Servants Act (VIII of 1974), S. 22--Constitution of Pakistan (1973), Art. 27-A--Martial Law' Order No. 17 issued by C.M.LA. having not been saved by Eighth Amendment of the Constitution, no longer holds the field--Civil servant having been proceeded against under M.L.O. No. 17 had to be dealt with in accordance with the provisions of S. 22, Punjab Civil Servants Act, 1974 which vests the Governor with unlimited powers to deal with the case of any civil servant in such manner as may appear to him to be just and equitable-Governor being the successor of Martial Law Administrator under the Constitution, would be competent to correct an order made by mistake--Civil servant's case was not hit by the provisions of Art. 270-A of the Constitution which bars the jurisdiction of the Courts only and does not interfere with the powers of Central and Provincial Governments to do justice in a case that I required correction. (b) Punjab Civil Servants Act (VIII of 1974)-- ---S. 22--Constitution of Pakistan (1973), Art. 199--Premature retirement of civil servant--Case ordered to be thoroughly examined by the Chief Minister--Advice of Justice Division and Services Department alongwith recommendations of Chief Secretary "that the allegations against the civil servant were misconceived and that personal and official dealings of civil servant were above board" were placed before Chief Minister, whereupon Secretary to Chief Minister noted that "Chief Minister has seen"--Word "seen"--Cannotation of--In normal practice whenever an authority writes "seen", unless the matter was only for information, would mean that the authority had taken notice of what has been put up and agreed therewith--In case of difference, authority would say so--When the authority simply says "seen", it means that there is no different opinion and there is agreement. (c) Words ---"Seen"--Meaning and construction--When word "seen" is written in official documents it normally means that the authority has agreed to what has been put up--Beneficial construction of document is a rule--Interpretation depriving a subject of his right requires explicit…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492